Opinion
Case No.: 2:10-cv-01565-RLH-RJJ
08-26-2011
MASSACHUSETTS MUTUAL INSURANCE COMPANY, MML INVESTORS SERVICES, INC., Plaintiffs, v. JAMES WENZL Defendants.
NATHAN R. REINMILLER, ESQ. Nevada Bar No.: 006793 SABRINA G. MANSANAS, ESQ. Nevada Bar No.: 010669 ALVERSON, TAYLOR, MORTENSEN & SANDERS Attorneys for Plaintiffs
NATHAN R. REINMILLER, ESQ.
Nevada Bar No.: 006793
SABRINA G. MANSANAS, ESQ.
Nevada Bar No.: 010669
ALVERSON, TAYLOR,
MORTENSEN & SANDERS
Attorneys for Plaintiffs
JUDGMENT BY DEFAULT AGAINST JAMES WENZL
Defendant JAMES WENZL, having been served with the Summons and Complaint, and having failed to appear, plead, answer, or otherwise defend as to the Complaint of Plaintiffs, MASSACHUSETTS MUTUAL INSURANCE COMPANY and MML INVESTORS SERVICES, INC., the legal time having expired and not having been extended; it appearing that said Defendant, JAMES WENZL, is not in the military service of the United States, is not a minor, and is not an incompetent person; and the default of Defendant, JAMES WENZL, having been duly entered according to law; upon an application of Plaintiffs, MASSACHUSETTS MUTUAL INSURANCE COMPANY and MML INVESTORS SERVICES, INC., judgment is hereby entered against Defendant, JAMES WENZL, in accordance with the prayer of the Complaint and good cause appearing therefore:
IT IS ORDERED, ADJUDGED, and DECREED, that Plaintiffs, MASSACHUSETTS MUTUAL INSURANCE COMPANY and MML INVESTORS SERVICES, INC., recover of and from Defendant, JAMES WENZL, as follows:
1. The principal sum of FORTY FIVE THOUSAND DOLLARS ($45,000) for the improper withdrawal/unpaid amount(s) from MassMutual's Agency Operations Account, Nevada State Bank Account No. xxxxxx807;
2. The principal sum of NINETEEN THOUSAND FIVE HUNDRED SEVENTY-SIX DOLLARS ($19,576.00) for the improper withdrawal/unpaid amount(s) from MassMutual's Agency Housing Account, Nevada State Bank Account No. xxxxxx831;
3. Interest on the principal amounts, set forth in paragraphs 1 and 2, at the legal rate from the date of this judgment until paid in full, which equals $9.29 per day;
4. Pre-judgment interest at the legal rate on the unpaid balances from the date the Summons and Complaint was served until the date of this judgment; up to August 24, 2011, the pre-judgment interest that has accrued is $3,121,44 and an additional $9.29 will accrue each additional day until judgment is entered; and
The amount of interest is different than that shown in the Request for Entry of Default Judgment due to an inadvertent error in calculating the same. The amounts shown herein are the proper amounts pursuant to NRS 17.130.
5. Costs of suit in the amount of SIX HUNDRED SIX DOLLARS AND SIX CENTS (S606.06).
____
UNIT/ED STATES DISTRICT JUDGE